Posts in Litigation


Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo

On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …
By Gene Quinn & Steve Brachmann
19 hours ago 0

Assignor Estoppel and IPRs: Possible Impact of Arista v. Cisco on Employment or Assignment Agreements

The doctrine of assignor estoppel has been around for over a century and most often applied in the U.S. International Trade Commission (ITC) and U.S. …
By J. Derek Mason
22 hours ago 2

No Debate: Article III Standing is a Requisite to Appeal an IPR

On January 11, GKN Automotive LTD. filed a brief in opposition to a petition for writ of certiorari filed by JTEKT Corporation. The question JTEKT seeks to have …
By Gene Quinn
2 days ago 2

Brokered Patents are Not Junk—and the Reasons will Surprise You

Occasionally, we hear people say, “brokered patents are all junk.” This begs the question, “are operating companies and non-practicing entities (NPEs) spending hundreds of millions of dollars …

In Support of the Right of Dissatisfied Parties to Appeal Adverse IPR Decisions

On January 11th, Askeladden LLC (Askeladden) filed an amicus brief in support of the Supreme Court accepting certiorari from JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (…

Federal Circuit Relies on Printed Matter Doctrine in Affirming Examiner’s Rejection of Claims Under 35 U.S.C. § 101

The examiner concluded the claims were directed to the abstract idea of rules for playing a game, which fell within the realm of methods of organizing human …

Iancu v. Brunetti: the Briefs Examined

The U.S. Supreme Court on January 4th granted certiorari to take up Iancu v. Brunetti on appeal from the Court of Appeals for the Federal Circuit. …
By Steve Brachmann
9 days ago 2